The Supreme Court on Monday issued a preliminary approval of President Trump’s executive order restricting mail voting, reversing an earlier federal court freeze that had blocked the directive for the November midterm elections. However, the high court’s decision does not constitute a determination that the order is constitutional, and legal experts broadly anticipate continued litigation will prevent implementation before voters cast ballots.
The administration’s Postal Service has released new regulations set to take effect if legal barriers are cleared. These rules would require specific envelope formatting for mail ballots and mandate use of an electronic tracking system to identify mail voters. States that fail to comply would see their mail ballots withheld from delivery. However, election officials across the country have raised serious concerns about the feasibility of implementing such changes with ballots scheduled to begin distribution within days, particularly in North Carolina where overseas and military ballots are set to go out on Sept. 4.
Multiple state election officials and experts have characterized the compressed timeline as unworkable. Yolo County’s registrar noted that ballots in California begin distribution in eleven days and envelopes have already been printed. An official with Nevada’s election system, where all registered voters receive mail ballots, questioned whether a new electronic database could achieve the required accuracy in such a short period. A representative from an association of 2,500 election officers stated that no state currently conducts elections using the system outlined in the new postal rule.
Legal observers remain skeptical about whether the order will actually take effect. The Supreme Court’s unsigned order explicitly declined to rule on constitutionality, and constitutional scholars note that voting procedures are controlled by states and Congress, not the president. Several law professors predicted additional lawsuits would likely keep the measure from affecting this year’s elections, though the court’s decision has created legal uncertainty and left election administrators struggling with preparation challenges.
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